1.Terms of Agreement
These general terms and conditions apply to all quotations, agreements, resulting deliveries and services of whatever nature between George Farcas Design and the client. Deviations and additions are only binding if and insofar as they have been explicitly agreed in writing between the parties. These conditions always take precedence over the conditions that come from the client and / or a third party. Terms and conditions other than these are only enforceable against George Farcas Design if they have been explicitly accepted in writing. All offers and quotations made by or on behalf of George Farcas Design are only for information purposes and do not bind George Farcas
2. Written confirmation
Orders must be confirmed by the client in writing or by email. The agreement is concluded when the customer signs an offer prepared by George Farcas Design for approval. Every order by the customer connects the customer. The agreement replaces all previously concluded and / or oral agreements.
When starting a project, an advance payment is requested of 20% of the quotation / invoice amount, with a minimum of € 100.
3. Multiple designers / design agencies
If the client wishes to give the same (multiple) assignment to several designers / design agencies at the same time, he must inform all designers / design agencies involved. At the request of George Farcas Design, the client must state to which other designers the assignment has been issued. If a client has previously given the same assignment to another designer / design agency, he must state which designer / design agency this has been.
4. Providing data
The client is obliged to do all that is reasonably necessary or desirable to enable timely and correct delivery by George Farcas Design, in particular by timely delivery of complete, sound and clear data and required materials. George Farcas Design expressly reserves the right to postpone the delivery with a period equal to the delay that was incurred due to the late delivery of data and materials by the client.
5. Publication and multiplication
Before disclosure, the parties must give each other the opportunity to check and approve the latest design prototype or the latest version of the website.
6. Delivery time
The delivery periods proposed by George Farcas Design for the completion of a design are always indicative only and not binding. George Farcas Design has an obligation of best efforts with regard to delivery and not an obligation of result. Delivery of the design to be completed to the client after the stipulated delivery period can never give rise to any right to compensation for damages from the client.
7. Copyright and ownership
The copyright and the exclusive right of drawing or design with regard to the provisional and definitive design and with the design drawings, models, working and detail drawings as well as with regard to the subsequently produced website, which were only developed by George Farcas Design, belong to George Farcas Design. As long as no other written agreement is entered into between George Farcas Design and the client with regard to the transfer of copyright or the exclusive right of drawing or design, these rights remain with George Farcas Design.
8. Copyright holder
George Farcas Design guarantees that the work delivered is designed by or on behalf of him, that he is considered to be the creator within the meaning of the copyright law and that the copyright holder has access to the work.
9. Investigation into the existence of rights andthe operation of mail
Unless explicitly agreed otherwise, the assignment of George Farcas Design does not include the investigation of the existence of trademark rights, drawing or design protection, patent rights, copyrights and portrait rights of third parties. The same applies to research into the possibility of such forms of protection for the client. The client will expressly and fully indemnify George Farcas Design against all claims in respect of third parties. Nor does it belong explicitly to George Farcas Design’s assignment to check the operation of email on external mail servers (such as Google). Such research can be conducted at the then current hourly rates.
10. Attribution
George Farcas Design is entitled at all times to sign the design and / or to have its name stated on an announcement, title role, in the source code of a web page or on the web page itself. The client is not permitted to make the work public without mentioning the name George Farcas Design without the prior permission of George Farcas Design.
11. Property in graphic design
As long as no further agreements are made between George Farcas Design and the client with regard to the transfer of ownership of the materials made available by George Farcas Design to the client, such as photos, working drawings, prototypes, design sketches, etc., these will remain the property of George Farcas Design.
12. More extensive use
In the event of wider use than agreed, a new agreement must be concluded between the parties with regard to the user rights.
13. Changes
The client is not permitted to make changes to the provisional or definitive designs without the written permission of George Farcas Design.
The client must give George Farcas Design the opportunity to execute it if he wishes to make a change. A fee must be paid for this, based on the customary fee rates applied by George Farcas Design.
14. Own promotion
Unless other agreements have been made, George Farcas Design has the right to use the design for its own publicity or promotion.
15. Fee and additional costs
In addition to the agreed fee, the client must also pay George Farcas Design, the costs that George Farcas Design makes for the execution of the assignment and that do not fall under normal overhead costs, such as, but not limited to, travel and accommodation costs.
16. Fee for changed assignment
If George Farcas Design is forced to perform more or other work due to a late or non-delivery of complete, sound and clear data / materials or due to a changed or incorrect order and / or briefing by the client, this work will be honored separately.
17. User Fee
The fee agreed between the parties also includes the payment for the exclusive right to use the design, insofar as this concerns the right of publication.
18. Periodic invoicing
George Farcas Design has the right, during an assignment, to reasonably charge for the work performed up to that point and to invoice it to the client in accordance with the destinations as agreed with the assignment. All invoices are payable to George Farcas Design and free of charge for George Farcas Design within 30 days after the invoice date, unless explicitly stated otherwise.
The payment obligation of the customer is not suspended by submitting an even apparently well-founded complaint or legal claim regarding the services provided.
In the absence of payment within the stipulated period, an interest of 20% per year will be irrevocably and irrevocably due on the invoiced amounts by law and without any further prior notice from the due date of the invoice. In the absence of full payment no later than the first calendar day of the month following the due date, a lump-sum, irrevocable and irreducible compensation of 15% on the invoice amounts is owed, without any further prior notice of default and in addition to and above the interest as stated above minimum of 125 euros.
19. Revoked command
If the client revokes an assignment given, it must pay the full fee that George Farcas Design would receive upon full completion of the assignment, as well as all additional costs incurred up to that time.
20. End assignment
In the event of circumstances beyond its control, as a result of which George Farcas Design cannot reasonably be expected to continue to perform the assignment, George Farcas Design has the right to terminate this assignment without being obliged to pay any compensation or guarantee. In this case George Farcas Design is entitled to the fee for the work performed up to that time and to reimbursement of the costs incurred up to that time and is obliged to make the results achieved available to the client.
21. Liability
George Farcas Design can never be held liable for errors in the text or design if the client has carried out a check and has given his approval. The client bears the risk of misunderstanding or errors with regard to the implementation of the agreement if this is due to or caused by actions of the client, such as the late delivery of correct, complete and clear data / materials. George Farcas Design cannot be held liable for errors of production companies.
George Farcas Design is not liable for the consequences of using open source software for an assignment if the client is aware of the use of open source software. George Farcas Design is not liable for non-working of widgets from third parties.
22. Limitation of liability
The liability of George Farcas Design for damage under an agreement with a client is always limited to direct damage and to the amount of the fee due to George Farcas Design.
23. Copies and materials
The client is obliged, where reasonably possible, to keep copies of materials and data until the order has been executed. If the client fails to do so, George Farcas Design cannot be held liable for damage that had not occurred during the existence of these copies.
24. Warranty supplied materials
The client indemnifies George Farcas Design against claims regarding copyrights concerning the materials provided by the client, which are used in the execution of the assignment.
25. Applicable law and competent courts
Belgian law applies to all agreements and obligations of George Farcas Design. In the event of a dispute regarding the offers, agreements and invoices of George Farcas Design, only the courts of Turnhout have jurisdiction.
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